Erection of lower ground, ground floor, first floor and second floor extensions in connection with the remodelling of the existing dwelling
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Residential Amenity
Character & Appearance
Inspector’s Reasoning
Appeal Decision
Site visit made on 23 February 2022
by Martin Andrews MA(Planning) BSc(Econ) DipTP & DipTP(Dist) MRTPI
an Inspector appointed by the Secretary of State
Decision date:2ND MARCH 2022
Appeal Ref: APP/Q1445/D/22/3290291
14 The Cliff, Brighton, East Sussex BN2 5RE
• The appeal is made under section 78 of the Town and Country Planning Act 1990 against
a refusal to grant planning permission.
• The appeal is made by Mr Mark Chinman against the decision of Brighton & Hove City
Council.
• The application, Ref. BH2021/02648, dated 19 July 2021 was refused by notice dated 22
December 2021.
• The development proposed is the erection of lower ground, ground floor, first floor and
second floor extensions in connection with the remodelling of the existing dwelling.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issues are (i) the effect of the proposed development on the character
and appearance of the host dwelling and its surroundings, and (ii) the effect on
the living conditions for adjoining occupiers as regards outlook and light. In my
appraisal of the scheme, I have taken account of the amendments that were
made in an attempt to make the proposal acceptable to the Council.
Reasons
3. On the first issue, I saw on my visit that the appeal dwelling is positioned in the
street scene between two detached houses. No. 16 to the east is of traditional
design and has a tudor style front gable offset from an attached single garage
by a catslide roof. On the western flank is No. 12, which is a fairly recent
replacement dwelling with a front hipped and noticeably asymmetric roof. In
their own way, the siting and/or design of each house provides a perception of
space around the building.
4. I acknowledge that all the buildings on this side of the road are individualistic in
their design and appearance. However, I consider that the introduction of a
highly contemporary and strongly rectilinear built form across almost the whole
width of the site would be likely to draw the eye as an unsympathetic and
incongruous addition to the street scene. This harm would be exacerbated by
the uncharacteristically high solid to void ratio of the front elevation.
5. To the rear, the proposal with its four storey height and significantly increased
bulk compared to the existing building would be unduly dominant both in
relation to its neighbours and to the open public views from the south.
Appeal Decision APP/Q1445/D/22/3290291
2
I acknowledge that the (in part) cascading design is not without merit, but this
would not disguise the excessive scale and bulk of the significantly altered and
extended building in a sensitive location in terms of the impact on the
character and appearance of the area. An aspiration to make the most of the
seaward views is understandable, but this has to be balanced against the
resulting visual impact in private and public views. The result in this case
would be in conflict with Policy QD14 of the Brighton & Hove Local Plan
(Retained Policies March 2016 (‘the Local Plan’) and with Section 12: ’Achieving
Well-Designed Places’ of Government policy in the National Planning Policy
Framework 2021 (‘the Framework’).
6. On the second issue, the submitted block plan shows that the appeal building
already extends significantly further into its site compared to the depth of its
neighbours. Given this siting, the proposed increase in bulk would result in an
overbearing impact in the outlook from the adjoining houses and their gardens.
And in the case of the dwelling at No. 16, the appeal property’s position to the
west would also result in an overshadowing effect, including on habitable
rooms. The effect on daylight would be of less concern because of the dwelling’s
orientation due south. On this issue, I conclude that the appeal proposal would
not comply with Local Plan Policy QD27 and paragraph 130e) of the Framework.
7. In summary, I find that on both issues the proposed development would be
unacceptable and accordingly the appeal is dismissed.
Martin Andrews
INSPECTOR
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